865 Ind. Admin. Code 1-7-4

Current through May 29, 2024
Section 865 IAC 1-7-4 - Use of electronic or digital signatures

Authority: IC 25-21.5-2-14

Affected: IC 25-21.5

Sec. 4.

(a) This section establishes the requirements for the use of seals and signatures in electronic transactions.
(b) The following definitions apply throughout this section:
(1) "Document" means a:
(A) report;
(B) specification;
(C) drawing;
(D) plan; or
(E) plat; in physical form pertaining to land surveying that requires certification by a registered land surveyor by application of a seal or stamp, a signature, and a date.
(2) "Electronic document" means an electronic data file that is capable of being:
(A) viewed by use of a computer and video monitor; or
(B) converted into a document by use of a computer and printer or plotter.
(3) "Electronic seal" means a digital facsimile of an original seal.
(4) "Electronic signature" means a digital signature associated with an electronic document that shall carry the same:
(A) weight;
(B) authority; and
(C) effect; as an original signature.
(5) "Electronic transmission" means the transmission of electronic data files from one (1) computer to another. The term includes the manual delivery of electronic data storage media from one (1) person or entity to another.
(6) "Original seal" means a:
(A) rubber stamp;
(B) electronic stamp; or
(C) embossing seal; meeting the design requirements set out in section 1 of this rule.
(7) "Original signature" means the signature of a registrant affixed to a document in accordance with section 2 of this rule.
(8) "Registrant" has the meaning set forth in 865 IAC 1-1-1(7).
(9) "Signature" means either:
(A) original; or
(B) electronic; signature.
(c) An electronic signature and seal shall be permitted in place of an original seal and signature when the following criteria are met:
(1) The electronic signature and seal are as follows:
(A) The unique identification of the registrant.
(B) Verifiable.
(C) Attached to or associated with the electronic document in such a manner that is clear to the recipient that they represent the signature and seal of the registered land surveyor.
(2) The electronic signature is under the registrant's direct control.
(3) The registrant maintains a permanent digital copy of the electronically transmitted document for future verification purposes.
(d) A registrant may electronically transmit an electronic document without affixing an electronic signature provided there is inserted the following language instead of an image of a seal, signature, and date:
(1) "Not a Certified Document"; or
(2) "Pro Forma Survey"; as appropriate. This language shall not be required for documents electronically transmitted to a commercial printer or blueprint service for the purpose of reproducing documents or to the registrant's own employer or employees.

865 IAC 1-7-4

State Board of Registration for Land Surveyors; 865 IAC 1-7-4; filed May 4, 2006, 1:25 p.m.: 29 IR 3005; readopted filed Nov 9, 2012, 11:26 a.m.: 20121205-IR-865120390RFA
Readopted filed 11/29/2018, 10:35 a.m.: 20181226-IR-865180404RFA